>> 2013. i would like that to remind people to turn off mobile devices. the commission doesn't have any out bursts at any time. we will take up the 330 calendar tit. first is up 18a, b and c

for 250 fourth street and proposed to continuance at the request of the project sponsor. >> is there any public comment? seeing none public comment is closed. commissioner antonini. >> on that motion. >> commissioner. >> aye. >> commissioner. >> aye. >> commissioner. >> aye. >> and commission president fong. >> aye. >> so moved that passes unanimously and that will be continued to april 4 of this year. next is 19 for 3450 third street request for discretionary review. this is a full discretionary review. >> good afternoon. i am wendy

bend i guess from staff. you have. >> >> before us two permits that will establish a out patient clinic doing business as a wellness center at 3450 third street in the indian basin special use district. the requester raised two primary concerns. 50 that the rezoning of the. >> >> property and without public notice or input. seconds that the analysis provided by the department of public health for the rezoning was manipulate and staff does not see that it met the extraordinary circumstances to take discretionary review.

the relative rezoning was publicly noticed and vetted before the planning commission and board of supervisors and land use and economic development committee. it was passed unanimously passed by the full board of supervisors. official uses were considered principal uses under the previously zoning controls. the changes to the property that was a result of the zoning eliminated or extended the limitations dedicated to these uses. in regard toos the site contamination the department has received any evidence that the subject site is contaminated. allegations pertain to hazard owses materials on other properties. the sponsor has done environmental analysis and recognized there are no recognized conditions from off

site sources. in addition they worked with the department of public health and address potential things from off site and air quality and safe and noise. finally i received additional letters of support and i will do so at the end the presentation and we haven't received any other from the dc requester. the department request that the commission doesn't take discretionary review. this concludes my presentation and i am available for questions. >> thank you. dr requester. >> excuse me. those of you standing at the doors we have been told by the sheriff's department that is a fire hazard and you have to move to the

other side of the room or find a seat. thank you very much. >> good afternoon. i am espinola jackson of bay view hunter's point. the reason i requested a hearing is because when the -- when this matter was heard the community was not notified. it's being stated that i am opposed to a wellness center. that is not fact. i am opposed to the area that was planned 3450 third street. we have people who were contacted and who contacted me as well. i would like you to know that the air in that area is very toxic. most of you -- some of you on this commission know that i have takenow tours of my area. what we are concerned with the fact

and you will hear from other speakers 3450 third street is very toxic. it's right behind the sewage plant and the things in the air and i will go through and find out like i used to bring you all the time. i wish you would give this to the commissioners please -- about the air in the area. i just heard my daughter today from cancer. most of the people in my community are lying left and right from the toxicity and from the sewage plant as well as the pg&e plant. we were able to get the pg&e plant closed because of the illness in my community. i want you all to understand that we tried to work with the doctor about another location because we do have what we have a help

node on 3rd street that came under the redevelopment agency where health projects are supposed to be located but for some reason they wanted that location. people moved out of that building because of the stench and the flooding there and when i saw the eir they tested a block and a half away, not where the building was. i think i mentioned to you before and i know you have the information in your packet about how the community bay view hunter's point was treated dealing with the shipyard. the health department -- i wouldn't trust anything they have to say about my community because my community is still dying from toxins because they were in cahoots with the epa. the

director had to resign because not telling the truth about the community and the health problems the young and old people were receiving and asthma and breast cancer and another one came later i never heard of and young people before 50 and blood doesn't go to the brain like it should and i talked to the doctor. i support you but in another area. in fact she met at my house on monday and we discussed it. i am not opposed to the wellness center. we need the services. we need all the services that we can get because when i go to a meeting and there are 49 people in the meeting and 49 of them said they were receiving money from the health department, and i said if you get that many people in the community saying they're from the health department we should be the healthier community in

the united states but we are not. i buried my daughter today and had the funeral yesterday from cancer and i am tired of the people dying from cancer in the day view hunter's point. thank you very much. >> >> jonas, do you want to make an announcement -- >> sure. if you wouldn't mind folks the commission doesn't tolerate disruption or out bursts so thank you. >> i'm going to call speakers who are in support of the dr. (calling speakers). >> first and foremost i would like to commend espinola jackson. she's 80 years old

and celebrated her birthday and was commended by this city. she stated to you very clearly she just laid to rest her daughter because of cancer, and she came all the way from sacramento to be here and be on time for this meeting. having said that the proponents came before the planning department some months ago during the holiday, and you commissioners passed on many blocks that was designated as industrial zones so you could accommodate the wellness center. after that i was at land use meeting and malia cohen who is the supervisor and has a lot to do with this project was not present. because she was not

present the matter was continued. at the next meeting we had people for it and against it. as stated by ms. jackson we are not against well wellness center but it's a mockery to build it in the center chernobyl. this is what the focus should be. black children, other children of color, all children should get state of the art health from the state of the art hospital, the womens' and children's hospital. we do not want a wellness center in the building and i have asked the planning department please send me the closure report. no report. why? because one time

under neeghtd that building there was a gas station and they have fuel tanks there. why don't all the supporters of the wellness center stand by there and see if they can smell the stench from the sewage treatment plant. the tracks that go on that street and particulates and lead and mercury and so forth. they will tell you they have all sorts of things in the rooms like is happening in san jose and people are sick, so we don't come here that often because i tell you every fight is uphill fight. you tell the truth. you try to give your documentation. you ask for the right type of documentation and you don't get it. please do not do this to our children. please do not do this to the children because

the children can't defend themselves. thank you very much. >> good afternoon. my name is shirley smith. i am here with dr. jackson. i have a grand child that lives in that community and i am already noticing something is wrong with him and you can tell the difference from when he was born and came home to that community. it's toxic. i don't have that great of a job but i'm trying to get him out of that community and to build a so-called wellness center there. it's traditional. you have gas stations. you have -- just too much toxins around there. like we said we're not against the people who want this wellness center. we want it as well but we want it in a healthy environment as all other

centers are in a healthy environment. is there anything wrong with that? the gas stations -- you can't even drive there. why would you submit little babies and children to it? people coming there to get well and the health will get worse. she submitted a paper to tell you what it's like, how it does, how it stops the blood flow. it meshes with the memory. people have a hard time and they can't get a education because the heads are messed up and they have toxins. there was a lawsuit where they won and the children were born with deformities because it's so toxic there. blind, can't see, arms, legs, fingers. some look

normal but they're not. please, please help us to come together and not allow this, and put the center somewhere else. we really need it. like she said we should be the healthier community in the state of california but we're not. we're asking and pleading for you to do the right thing in god's name . >> good afternoon. katie hawkins o quarry. lifelong resident in district 10. i attended all the meetings before they put the wastewater treatment there and they paid people from the community that assured us because we protested it. they assured us that the

whole thing would be built under ground and it would not stink. well, that was a big lie because it stinks to high hell. my doctors won't let me drive so i have to take public transit, and a lot of the times i am stuck down there on the t line at that intersection and as you know mta's t line is very slow, so i'm standing there and have to breathe in all that funk. now, as you know people spent plenty of money. it was a fad years ago on a roma therapy? why because they thought things that made you feel good and smelled good and the people acting so bad.

maybe it's the smell and the stench. i'm not against a wellness center because i'm not only a member of the black human rights leadership of san francisco founded by dr. espinola jackson. i am also a member of rafeqi wellness and we believe in wellness and i believe it's the wrong location and i would like you to let that doctor know find another location, and i understand that she was with dr. coleman's doctor. well, i have a medical condition and i went up to that center trying to find a doctor in my community to see my condition. the place is closed. money i understand was spent trying to get in down there. so much for wellness in

the community. and whoever said the whole place is polluted. it can go anywhere. it might as well go anywhere. if you know that person god heard it too and they have a karmic debt to pay. thank you. >> next speaker please. >> good afternoon everyone. my name is theresa ballard. to the commission and the audience i am a lifelong resident of bay view hunter's point and up to this date i have chronic asthma. i have fieb ramiaga and lupus. to this day they don't understand why all of these auto immune

diseases are attacking the minorities and the black community, but i am here to tell you that on a daily basis i struggled with breathing, not just from the sewer plant, but from the toxins, from the shipyard and everywhere else. you know i know like she said before our whole community is toxic but why there? and we -- like she said we are not opposed to wellness. we need the services that will come there for not only children but the adults as well. we need to have an outlet where we can go and destress, and have a place where we can have a positive social element for not only ourselves

but our children as well, so we applaud those that have been working to bring such a center to bay view. we just oppose the location. thank you. >> next speaker. >> are there any other speakers in favor of the dr request? >> shalom to you in hebrew means peace. i am ms. chandler. i lived in bay view for 10 years and my son and daughter both were and are under the care of dr. naidin berks. i met when

she came to recruit at martin luther king for her practice, but when i found out about the location of the wellness center i was appalled. i would like to read this information to you if you could pass this on and this is what it says "the southeast wastewater treatment plant, the wastewater treatment plant located near third and jerad avenue treats 80% of the city's sewage and storm water from the san francisco system in addition to 100% of the waters of brisbane and san francisco and daly city. this facility is one of the only wastewater in the nation to fit directly across the street from residents without a physical barrier in place. most of the residents who live directly across the street from this facilities

they rent the homes and are also homeowners. there are five digesters, lot vat waters with bacteria and the storm water and once it's digested the solids are siphoned off and piped across the street. the remaining solids are trucked to a waste facility located in merced california. the digesters have an old out dated and environmental unjust design. one reason for this is the floating unsealed top which allows the smell of the sewage to emanate throughout the neighborhood. what is more there is history of the sewage leaking out during the rainy seasons.

they have received complaipts about this and they are chemicals used in the process and according to the usda these are the nitrogen oxides at 1.5 9 tons per year. this nitrogen oxide exposure causes respiratory exposure and harmful to the vegetation and human beings. this is just a few blocks down from third. anyone who have knowledge of bay view hunter's point know this is a very toxic -- >> ma'am, your time is up. >> i also want to say the water flows. >> thank you. >> and it is contaminated.

>> everyone gets three minutes. thank you very much. your time is up. >> [inaudible] >> thank you very much. to keep this fair everyone gets three minutes. i'm going to keep talking while you keep talking. thank you very much. thank you. (calling speaker names). >> hi. i am lilla nelson and i am too are a long-term resident of bay view bay view hunter's point. i have two small children and one has a respiratory problem who likes to sing. i am too not opposed to wellness. i am all for wellness especially when it comes to our children in the bay view hunter's point area. i do not understand why would you put a facility in a toxic area that

will cause more harm to our small children? we are to say we are for wellness. i have two children who would like to live longer and live life happily and run and jump and breathe freely. why do we get second best? why can't we get the best? we know -- everyone knows that place is toxic. that shouldn't be the dispute. the dispute is the location in which we're placing this location. why do our children have to be placed in an environment that is not well, that will not benefit them in the long run? as my children get older and as they grow older we want them to be well and we want for them to be treated -- no, let me finish talking okay. i know you want to speak. in short i am really just asking

that we consider a new location. that we consider the children of the bay view hunter's point area. that we sit here and really acknowledge the fact that this place is a toxic environment and why would you want to send children who are defenseless against the toxicity there. i am asking for all of you on the panel and sitting behind me to reconsider putting anything that would be for the use of children in that area. thank you. >> excuse me. those of you standing at the door i have to ask you again to move to this side of the room and clear that space. >> good afternoon commissioners. my name is veronica shepherd.

i work with the bay view wellness center and born and raised in the bay view. sorry. i also want to reiterate what the previous speaker just spoke. this is not about the services of wellness. as you look behind us and you see all the people with the bright green labels saying about wellness. we want wellness. that is not an issue. i don't think everybody in this room especially those that came from the bay view are really clear on our statement. we want the services. it is the location. i have a map of the toxic sites in the community i would like to leave with you so you can see what has been done and identified and shows this area as a very toxic site. as well i have -- we've had numerous conversations with the staff at the center for youth wellness and the doctor this

past monday. she understands we want the service. it's the location. i don't want -- and this is my grandchildren here because dr. burke can't promise anybody in this room that opening the doors at 3450 would hinder any type of physical, mental or emotional development in that environment she wants to go. she can't prove -- she can't assure me that my grandchildren can't be affected. i don't want my grandson -- come here please. i don't want to take my son to a clinic like this so he can get a service. that is ridiculous. that is not fair to him or anybody in this room for a child to go to a wellness center like this to get a service. we're talking about